In response to Southern Florida District Judge Aileen Cannon’s devastation, the social heads of democratic analysts from all over the world are exploding. He threatened to charm her decision on judge instructions earlier this week.
Former president Donald Trump’s legal team submitted competing judge instructions to the Presidential Records Act to Judge Cannon, according to Glenn Kirschner, a liberal former federal prosecutor. Smith has received an “extremely menacing” information about her plans to possibly reject her request to challenge a quick decision on her request.
The former mayor’s attorneys have argued that all paperwork kept during his time in the White House were declassified under the law, even those that contained national security secrets. Smith claims that their view is “baseless” and was created from “whole material,” and that he will challenge Cannon’s decision if she permits the jury to examine the instructions.
According to Kirschner,” Consider, a couple of days ago Jack Smith filed a scorched-earth registration in this case,” according to Newsweek‘s report on Brian Tyler Cohen’s YouTube show The Constitutional Breakdown.” You’re proposing to offer two jury instructions,” the jury instructions say the Presidential Records Act means Donald Trump is basically not guilty of the charges,” Kirschner said.
He continued:” And Jack Smith responded by saying that’s not an accurate formulation of the law. And if you give those jury instructions, you will be orchestrating an acquittal, you’ll be orchestrating a not guilty verdict, and you’ll be doing it at a time after the trial has already started, after the jury has sworn in, after jeopardy attaches. If you decide to dismiss the case, you’ll be doing it at a time when the prosecution wo n’t be able to appeal.
That’s your problem, Judge Cannon essentially shot back at Smith.
Separatly, the Court rejects that demand as unprecedented and unjust as the Special Counsel requests an anticipatory finalization of jury instructions before trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, she wrote in a ruling that day.
Jury instructions, she continued, are” a genuine attempt, in the context of the upcoming trial, to better understand the parties ‘ competing positions”.
Kirschner interpreted that to mean,” I will wait until after the jury is sworn. I’ll wait until the evidence is presented. I’ll wait until Donald Trump’s defenses are complete.
” And then, I still may instruct that lawless jury about how the jury must determine Donald Trump’s innocence under the Presidential Records Act.” And guess what, Jack? You ca n’t appeal it at that point. Game over,'” he said.
” This is the most mind- blowing potential abusive judicial discretion imaginable”, he added.
President Trump is still holding out for a ruling from the U.S. Supreme Court regarding whether or not he is exempt from prosecution as a former president, which Smith hopes to avoid in an upcoming hearing on April 25th.
Legal experts have noted that Trump’s team could launch both federal trials in the summer by stringing out appeals of his original defeat on the immunity claims , for as long as 90 days. The delay will increase with additional factors, such as routine requests to review millions of pages of evidence that Smith has introduced.
